September 27, 2007
The Future of LRW: Stand-Alone "Department" or Not?
Posted by Christine Hurt

OK, so I'm out of pocket for one week staring at the best baby in the world, and Gordon calls for the abolition of legal writing programs.  Well, I guess I could dust off my legal writing director hat and come out punching except that I did the same thing at an Association of Legal Writing Directors conference in 2001 at the University of Minnesota called Erasing Lines.  The conference had many speakers, including law school deans, with many viewpoints, but one general topic that was discussed was the breaking down of barriers (structural and political) between legal writing and "other" classes (whether you call them doctrinal classes, textbook classes, etc.)  A rough analogy can be made to the "writing across the curriculum" movement that sought to make writing a component of various subject matter courses.  My contrarian remarks, which are more or less captured in an essay available on Westlaw (1 J. Ass'n Legal Writing Directors 80 (2002) is that if proponents are truly committed to "erasing lines" then the one of the next logical steps is the abolition of legal writing programs.  A true evolution would be to a faculty of tenure-track professors, some of whom have a methodology course they teach on rhetoric and persuasion in their bundle of tricks.

My rationale was different than Gordon's, although I am sympathetic to his questioning the assumption that law schools have any comparative advantage in providing skills training in relation to actual law firms.  Gordon realizes that attempting to recreate the skills atmosphere requires a great investment of law school resources, resources that might otherwise be used to create small classes and give all teachers training in teaching methodology.  This law school that Gordon would create would provide ample opportunity for every law professor to incorporate writing into each class.  Therefore, my addendum to Gordon's proposal would be that the end result would be not to abolish the value inherent in legal writing programs but to integrate that learning into the overall curriculum. 

When I spoke at the conference in 2001, I did not comprehend and could not predict the rapid growth of a different kind of skills training in law schools that began with law professors who used these skills for their own scholarship and is now spreading to the law school curriculum:  quantitative methods.  I think the future of skills teaching in that area (and the stark contrast with which these courses and their teachers are treated in comparison to legal writing courses and instructors) deserves a separate post.

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Comments (9)

1. Posted by Gordon Smith on September 27, 2007 @ 9:44 | Permalink

Thanks for this thoughtful post, Christine. I think you have it exactly right.


2. Posted by Sara Benson on September 27, 2007 @ 10:09 | Permalink

I believe the purpose of the "writing across curriculum" movement was to increase the amount of writing exercises for students by adding reading/writing to other non-traditional "writing" courses such as math and science. However, this movement did not entail putting an end to separate, discreet English courses.
I agree with your statement indicating that we should incorporate additional writing and analysis skills into all law school courses. But, we should not cut legal writing courses because these courses traditionally teach skills (citation, legal research, and composition) that other professors are not expected/able to cover due to time/subject constraints.


3. Posted by Gordon Smith on September 27, 2007 @ 11:22 | Permalink

I hope that we have not forgotten that law students in the United States are graduate students. We should demand a certain minimal standard of competence in writing. So the need for separate legal writing at the law school level is not the same as the need for freshman composition classes in college, where almost nothing is assumed. As for the nuts and bolts of legal writing (e.g., citation and legal research), does this really require a freestanding department within the law school? I suspect we could do just fine with some basic training sessions coupled with writing assignments.


4. Posted by Christine on September 27, 2007 @ 12:57 | Permalink

Thanks for commenting, Sara. You're absolutely correct that Writing Across the Curriuculum never anticipated an end to stand-alone writing classes, and I don't think anyone at the Erasing Lines conference anticipated the elimination of LRW classes either (or at least out loud) until I got the microphone! But I thought it would be interesting to break out of our comfort zone and consider rethinking "our" curriculum (the LRW curriculum) during a conference that was focused on changes that other professors needed to make in their courses. I continue to think that this is an interesting dialogue, and I hope that everyone who was able to cheerfully and creatively debate me at the 2001 conference will have confidence that Gordon is also attempting to think out of the box in pure good faith.


5. Posted by Sara Benson on September 27, 2007 @ 13:15 | Permalink

Christine, I completely agree with that sentiment that we should promote dialogue and "think outside the box." I welcome this line of dialogue and I hope to see other opinions posted as well.

And--congrats on the new addition to your family!


6. Posted by David Zaring on September 27, 2007 @ 16:01 | Permalink

I did some legal writing time, and I thought it was both a very useful course for students (though I know they don't always think so), and a lot of work - both for the writers of the papers and those grading and giving feedback on them. It's more work than tenured professors are used to doing, I think. Which doesn't mean it isn't worth doing. But maybe doing it would speed the move towards TAs or graders.


7. Posted by Jake on September 27, 2007 @ 20:56 | Permalink

Lawyers write for a living, and good ones never cease searching for ways to refine the art. Law firms are desperate to hire law school grads who have any clue about how to write. A law school that does not have mandatory writing coursework in its curriculum is unworthy of the name.

And what of "quantitative methods" teaching in law schools? First, it is not at all a new trend. Second, as a pedagogical aim, law schools have no business dabbling in teaching that the B-schools are much better suited to deliver.

If law schools want to screw around with "quantitative methods," let them offer such a course of study through an LLM program, where the consumers get to choose whether to enroll, and those who do most likely have other education, training, or experience that will make the exercise worthwhile. In contrast, stuffing "quantitative methods" down the throats of JD candidates, as a one-size-fits-all proposition, is unresponsive to market demands and does nothing to turn out better law school grads.


8. Posted by Lawrence Cunningham on September 28, 2007 @ 5:52 | Permalink

Jake,

You write “law schools have no business dabbling in teaching that the B-schools are much better suited to deliver,” referring generally to “‘quantitative methods’ teaching in law schools.’”

Is accounting within this category? If so, note that the knowledge of accounting that most lawyers require is better taught through tailored materials designed for the law school curriculum, which can differ considerably from that taught in university accounting departments. The same is true for finance courses (corporate or real estate, for example).

Also, I am not aware of a general requirement among law schools for such courses that results in “stuffing” them ‘down the throats” of any students “as a one-size-fits-all proposition.” Further, “market demands” for lawyers possessing some knowledge of accounting and finance as it relates to law practice are manifest and, at least for transactional lawyers, contributes to “better law school grads.”


9. Posted by Jake on September 28, 2007 @ 19:03 | Permalink

Lawrence --

I appreciate your views, but you apparently have not suffered through a law school curriculum that sought to teach the students proficiency in "quantitative methods," including accounting.

I'd be pleased to debate accounting with you any day of the week. I am a licensed CPA, and have been for many years.

Early on, I learned how to do calculus on a slide rule. Later on, to earn my business degree, I learned how to do linear regression and other statistical methods with no more than a piece of paper and a pencil.

A number of years back, I decided to go to a "law and econ" law school with the idea that it might be interesting.
The law part was. The "econ" part was simply insufferable, verging on moronic.

Being patient, I tolerated the ordeal, got a law degree, and have practiced the noble profession of law ever since.

All that said, I stand by my original statement, but will offer a qualification. If law schools wish to offer coursework that links the practice of law with quantitative methods, let them do so through specialized LLM programs, not a general JD curriculum. Trying to stuff quantitative methods instruction into a JD curriculum cheats the consumer. Tailoring such instruction to folks who want an LLM (and thus have a demonstrably higher pain threshold), is a much more marketable proposition, albeit to a narrower clientele.

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